1. Specialized state agencies: public security agencies, national security agencies, prisons, military security departments, smuggling crime investigation departments, procuratorates, and courts;
2. Parties: criminal suspects, defendants, victims, private prosecutors, plaintiffs and defendants in incidental civil litigation;
3. Other litigation participants: legal representatives, litigation agents, defenders, witnesses, appraisers and translators.
Who are the participants in a criminal proceeding?
Participants in criminal proceedings include parties, legal representatives, litigation agents, defenders, witnesses, appraisers and translators. When reviewing and approving an arrest, the People's Procuratorate may question witnesses and other litigation participants and listen to the opinions of the defense lawyer; if the defense lawyer requests it, the People's Procuratorate shall listen to the opinions of the defense lawyer.
Improve criminal procedure
(1) Implement the powers and responsibilities of the collegial panel and single judge, and implement the judge responsibility system. Currently, in criminal proceedings, the operating model of judge trial and leadership control is becoming more and more important. It shows that tradition and backwardness are incompatible with modern litigation concepts. The implementation of the judge's responsibility system is not only the true implementation of the relevant provisions of the Criminal Procedure Law, but also in line with the common practice of countries under the rule of law in the world today. Here, people's minds need to be cleared.
Implement the powers and responsibilities of the collegial panel and single judge, and implement the judge responsibility system.
The current operating model of judge trial and leadership control in criminal proceedings increasingly shows that the traditional backwardness is incompatible with modern litigation concepts. The implementation of the judge's responsibility system is not only the true implementation of the relevant provisions of the Criminal Procedure Law, but also in line with the common practice of countries under the rule of law in the world today. There is a misunderstanding that needs to be eliminated in people's minds, that is, the quality of our country's judges is low and they are unable to shoulder the responsibility of independent trials. This understanding is biased. It is precisely because the independent judicial power of judges has been restricted, divided and replaced for a long time that the powers and responsibilities of judges are unclear, personal roles and understanding of the law cannot be realized, and the overall quality cannot be improved quickly. Therefore, implementing the judge responsibility system, giving judges full power to adjudicate cases, and allowing judges to truly assume their due responsibilities is not only a requirement for judicial fairness and efficiency, but also a way to improve the quality of judges.
(2) Implement pre-trial evidence display and build a litigation model with a balance between prosecution and defense
With the continuous reform and improvement of our country’s criminal litigation system, the legal status of criminal suspects and defendants Rights and interests will be protected more comprehensively and to the greatest extent, and the breadth and depth of defense lawyers’ participation in litigation will also be enhanced. Without violating current litigation principles, presenting evidence before trial is both forward-looking and feasible. In terms of specific operations, we can learn from the systems of European and American countries and combine it with my country's current trial process management methods. Before the trial, the filing court will preside over the presentation of evidence, and the prosecutor will disclose all materials to the defense lawyer, including evidence that is beneficial to the defendant that the prosecutor is not prepared to use; the defense should also present evidence to the prosecution. Both parties can also reach an agreement on the focus of the litigation and the evidence without objection. In this way, both the prosecution and the defense can be prepared for confrontation before the trial, and it can also prevent both parties from presenting new evidence during the trial, which will lead to chaos in the trial. It can also shorten the duration of the trial and improve the efficiency of the proceedings.
(3) Urge victims, witnesses, and appraisers to appear in court and promote the implementation of the principle of direct speech.
Legal basis:
Article 108 of the Criminal Procedure Law
The meanings of the following terms in this law are:
(2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation;
(3) "Legal representative" refers to the client's Parents, adoptive parents, guardians, and representatives of agencies and groups responsible for protection;
(4) "Litigation participants" refers to parties, legal representatives, litigation agents, defenders, witnesses, appraisers and translators Personnel;
(5) "Litigation agent" refers to the victim in a public prosecution case and his legal representative or close relative, and the private prosecutor and his legal representative in a private prosecution case, the person entrusted to participate in the litigation on his behalf, The parties to the incidental civil litigation and their legal representatives entrust persons to participate in the litigation on their behalf;
(6) "Close relatives" refers to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.